Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-13
INFOR NATION
FOR.
OWNERS AND LOCATORS
....OF....
MI II M IL 81
APPLICATION FOR PATENT.

returned, but must be TRANSMITTED to the Gao
eral Land Once. "on
An application will be reiectad vban A.
scription Of the premises liz erroneous or
sufficient.
Application for patent will be rejected ba.
First The notice was publisbsa w,,hor.n.
knowledge of the Register.
secono-Ihe notice was not published In a
newspaper designated as published nearesttbs
Third-Record title was found dsfec,,v.
and
Fourth--A previous application had bean
made for the same premises, which was with
the adverse claimant.
An application for patent will be reiected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord.
ance with law.
Where several parties W separate and d,s.
tinct portions OF Q claim, application for
patent may be made by either for that portion
OF the claim owned oy him; but where so.erL
parties own undivided interests in . MINING
claim all should join in an application for
patent.
A person or association may purcbssa. :.
many placer locations as the local law .dm,ts
and embrace them ell In one application for a
patent.
Two or more lodes cannot be embraced IN
one application for a patent except for Mace,
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport.
ing to act rs q deputy for the Register and Re.
ceiver cannot be recorded ~ evidences,
In all patents for mining claims situ.tad
within the interior boundaries of a town si,a
q clause is Inserted excepting and excludino
all town property, rights upon the surface
and all houses, buildings, structures, lots
blocks, streets, alleys or other municin.l to
p%rovements not belonging to the grantee here.
In, and ell rights necessary or proper 10 thu
occupation, possession and enjoyment OF the
same"
Publication of notice must be made n o,lv
one newspaper for the period of 60 days.
Notice must be published 10 consecntfva
weeks in weekly newspapers, and In daily
newspapers co days must elspse between the
first and last insertions.
Where the Register d sigma thed sfIyi ssue
of q newspaper for publication Of notices Of
mining application for patent ii Is not q COM
pliance with law TO change to the weekly edi-
ton of the same paper without authority Of
the Register.
The existence OF o salt spring on Q tract Of
land withdraws IL from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled,
cannot be withdrawn, but becomes 3 part Of the
record.
When an adverse claim has been fled II can.
not be amended 30 as to embrace a larger per.
tion of the remises than that described in tne
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local Office
during the period of public stion OF the sppli.
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant o
m suit in proper form within the re-
quired time, and If he trusts the uncertain
medium of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident Should
the failure TO commence suit be the result Of
the cor rupt or dishonest action of his attorney,
the Interior department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions Of law, without stating the
facts specially, will not be considered in evi.
dence.
An adverse claimant should show s compli-
ance with the local laws In recording his claim
and In regard TO expenditures. and shall nile .
copy of the original notice OF HIS location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to 0 suit that they
compose the company fs SUFFICIENT, and they
are not required TO prove that they are the
original ~locAtors or the identical parties who
present the adverse Claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little. II any value, for sgri.
cultural purposes, but Is essential to the
proper development Of mining claims. 1t
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled at any time
prior to issuance Of patent, upon satisfactory
evidence of the existence of such valuable de-
posits.
covered upon a tract sitter the same nas been
entered Is agricultural, but before ! ,tent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
that portion of the land embraced BY said
mining claim.
Agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot DO
ceived In payment for claims.
ALIENS.
foreigner may make 9 mining location
dispose OF it. provided he becomes cinsen
before disposing of the mine. Proof that me
party was not Q citizen before disposing OF his
claim must be afirmatively shown.
LocAtors and intermediate owners, otheI
than applicants. will not be presumed anens
in the absence Of allegation or objection pr"
to issuance Of patent. -
The portion of Q mining claim sold WM
alien cannot be patented while such ownet"
an alien; but on his declarstioni o become
citizen his right dates back to his purcnsso,
cud he may thereupon secure United s'A'''
patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1855:
Where two or more lodges cross or intefseo,
each other, priority OF title shall govern, BIZ
such prior location shall be entitled to az ~
or mineral contained within the space OF Inter,
section, but the subsequent location shsiihaso
the right of way through the space OF lns.,,
section for the purpose Of the convenaors
working OF the mine. And where two or Iii
veins unite the Oldest or prior location shn.
take the vein below the point OF union' ~
GLIDING all the space of intersection.
TUNNELS.
There 10 no authority Of law for q tunnei
location 5000 by 800 feet. A proper iocs'ioN
is the width OF the tunnel for 5000 Feet.
There is no provision of law for ps,entns
tunnel locations, but lodes discovered IN run.
ming a tunnel may be patented In ike manne'
as other lodes.
Tho right is granted to tunnel owners 70
800 feet of each blind lode. not previously
Ill